[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 17 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 17
To amend the Fair Labor Standards Act of 1938 to provide more effective
remedies to victims of discrimination in the payment of wages on the
basis of sex, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 25, 2025
Ms. DeLauro (for herself, Mr. Figures, Ms. Sewell, Ms. Ansari, Mr.
Stanton, Mr. Huffman, Mr. Thompson of California, Mr. Bera, Ms. Matsui,
Mr. Garamendi, Mr. Harder of California, Mr. DeSaulnier, Ms. Pelosi,
Ms. Simon, Mr. Gray, Mr. Swalwell, Mr. Mullin, Mr. Liccardo, Mr.
Khanna, Ms. Lofgren, Mr. Panetta, Mr. Costa, Mr. Carbajal, Mr. Ruiz,
Ms. Brownley, Mr. Whitesides, Ms. Chu, Ms. Rivas, Ms. Friedman, Mr.
Cisneros, Mr. Sherman, Mr. Aguilar, Mr. Gomez, Mrs. Torres of
California, Mr. Lieu, Ms. Kamlager-Dove, Ms. Sanchez, Mr. Takano, Mr.
Garcia of California, Ms. Waters, Ms. Barragan, Mr. Tran, Mr. Correa,
Mr. Min, Mr. Levin, Mr. Peters, Ms. Jacobs, Mr. Vargas, Ms. DeGette,
Mr. Neguse, Mr. Crow, Ms. Pettersen, Mr. Larson of Connecticut, Mr.
Courtney, Mr. Himes, Mrs. Hayes, Ms. Norton, Ms. McBride, Mr. Soto, Mr.
Frost, Ms. Castor of Florida, Mrs. Cherfilus-McCormick, Ms. Lois
Frankel of Florida, Mr. Moskowitz, Ms. Wilson of Florida, Ms. Wasserman
Schultz, Mr. Bishop, Mr. Johnson of Georgia, Ms. Williams of Georgia,
Mrs. McBath, Mr. David Scott of Georgia, Mr. Case, Ms. Tokuda, Mr.
Jackson of Illinois, Ms. Kelly of Illinois, Mrs. Ramirez, Mr. Garcia of
Illinois, Mr. Quigley, Mr. Casten, Mr. Davis of Illinois, Mr.
Krishnamoorthi, Ms. Schakowsky, Mr. Schneider, Mr. Foster, Ms.
Budzinski, Ms. Underwood, Mr. Sorensen, Mr. Mrvan, Mr. Carson, Ms.
Davids of Kansas, Mr. McGarvey, Mr. Carter of Louisiana, Mr. Fields,
Mr. Neal, Mr. McGovern, Mrs. Trahan, Mr. Auchincloss, Ms. Clark of
Massachusetts, Mr. Moulton, Ms. Pressley, Mr. Lynch, Mr. Keating, Mr.
Olszewski, Ms. Elfreth, Mr. Ivey, Mr. Hoyer, Mrs. McClain Delaney, Mr.
Mfume, Mr. Raskin, Ms. Pingree, Mr. Golden of Maine, Ms. Scholten, Mrs.
Dingell, Ms. McDonald Rivet, Ms. Stevens, Ms. Tlaib, Mr. Thanedar, Ms.
Craig, Ms. Morrison, Ms. McCollum, Ms. Omar, Mr. Bell, Mr. Cleaver, Mr.
Thompson of Mississippi, Mr. Davis of North Carolina, Ms. Ross, Mrs.
Foushee, Ms. Adams, Mr. Pappas, Ms. Goodlander, Mr. Norcross, Mr.
Conaway, Mr. Gottheimer, Mr. Pallone, Mr. Menendez, Ms. Pou, Mrs.
McIver, Ms. Sherrill, Mrs. Watson Coleman, Ms. Stansbury, Mr. Vasquez,
Ms. Leger Fernandez, Ms. Titus, Ms. Lee of Nevada, Mr. Horsford, Mr.
Suozzi, Ms. Gillen, Mr. Meeks, Ms. Meng, Ms. Velazquez, Mr. Jeffries,
Ms. Clarke of New York, Mr. Goldman of New York, Mr. Nadler, Mr.
Espaillat, Ms. Ocasio-Cortez, Mr. Torres of New York, Mr. Latimer, Mr.
Ryan, Mr. Riley of New York, Mr. Tonko, Mr. Mannion, Mr. Morelle, Mr.
Kennedy of New York, Mr. Landsman, Mrs. Beatty, Ms. Kaptur, Ms. Brown,
Mrs. Sykes, Ms. Bonamici, Ms. Dexter, Ms. Hoyle of Oregon, Ms. Bynum,
Ms. Salinas, Mr. Fitzpatrick, Mr. Boyle of Pennsylvania, Mr. Evans of
Pennsylvania, Ms. Dean of Pennsylvania, Ms. Scanlon, Ms. Houlahan, Ms.
Lee of Pennsylvania, Mr. Deluzio, Mr. Hernandez, Mr. Amo, Mr.
Magaziner, Mr. Clyburn, Mr. Cohen, Mrs. Fletcher, Mr. Green of Texas,
Ms. Escobar, Mr. Castro of Texas, Mr. Cuellar, Ms. Garcia of Texas, Ms.
Crockett, Ms. Johnson of Texas, Mr. Veasey, Mr. Vicente Gonzalez of
Texas, Mr. Casar, Mr. Doggett, Mr. Scott of Virginia, Ms. McClellan,
Mr. Vindman, Mr. Beyer, Mr. Subramanyam, Mr. Connolly, Ms. Plaskett,
Ms. Balint, Ms. DelBene, Mr. Larsen of Washington, Ms. Perez, Ms.
Randall, Ms. Jayapal, Ms. Schrier, Mr. Smith of Washington, Ms.
Strickland, Mr. Pocan, and Ms. Moore of Wisconsin) introduced the
following bill; which was referred to the Committee on Education and
Workforce, and in addition to the Committee on Oversight and Government
Reform, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to provide more effective
remedies to victims of discrimination in the payment of wages on the
basis of sex, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paycheck Fairness Act''.
SEC. 2. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS.
(a) Definitions.--Section 3 of the Fair Labor Standards Act of 1938
(29 U.S.C. 203) is amended by adding at the end the following:
``(z) `Sex' includes--
``(1) pregnancy, childbirth, or a related medical
condition;
``(2) sexual orientation or gender identity; and
``(3) sex characteristics, including intersex traits.
``(aa) `Sexual orientation' includes homosexuality,
heterosexuality, and bisexuality.
``(bb) `Gender identity' means the gender-related identity,
appearance, mannerisms, or other gender-related characteristics of an
individual, regardless of the individual's designated sex at birth.''.
(b) Bona Fide Factor Defense and Modification of Same Establishment
Requirement.--Section 6(d)(1) of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(d)(1)) is amended--
(1) by striking ``No employer having'' and inserting ``(A)
No employer having'';
(2) by striking ``the opposite'' and inserting ``another'';
(3) by striking ``any other factor other than sex'' and
inserting ``a bona fide factor other than sex, such as
education, training, or experience''; and
(4) by adding at the end the following:
``(B) The bona fide factor defense described in subparagraph
(A)(iv) shall apply only if the employer demonstrates that such factor
(i) is not based upon or derived from a sex-based differential in
compensation; (ii) is job-related with respect to the position in
question; (iii) is consistent with business necessity; and (iv)
accounts for the entire differential in compensation at issue. Such
defense shall not apply where the employee demonstrates that an
alternative employment practice exists that would serve the same
business purpose without producing such differential and that the
employer has refused to adopt such alternative practice.
``(C) For purposes of subparagraph (A), employees shall be deemed
to work in the same establishment if the employees work for the same
employer at workplaces located in the same county or similar political
subdivision of a State. The preceding sentence shall not be construed
as limiting broader applications of the term `establishment' consistent
with rules prescribed or guidance issued by the Equal Employment
Opportunity Commission.''.
(c) Nonretaliation Provision.--Section 15 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 215) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``employee has
filed'' and all that follows and inserting ``employee--
``(A) has made a charge or filed any complaint or
instituted or caused to be instituted any
investigation, proceeding, hearing, or action under or
related to this Act, including an investigation
conducted by the employer, or has testified or is
planning to testify or has assisted or participated in
any manner in any such investigation, proceeding,
hearing or action, or has served or is planning to
serve on an industry committee;
``(B) has opposed any practice made unlawful by
this Act; or
``(C) has inquired about, discussed, or disclosed
the wages of the employee or another employee (such as
by inquiring or discussing with the employer why the
wages of the employee involved are set at a certain
rate or salary);'';
(B) in paragraph (5), by striking ``and'' at the
end;
(C) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(7) to require an employee to sign a contract or waiver
that would prohibit the employee from disclosing information
about the employee's wages.''; and
(2) by adding at the end the following:
``(c) Subsection (a)(3)(C) shall not apply to instances in which an
employee who has access to the wage information of other employees as a
part of such employee's essential job functions discloses the wages of
such other employees to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a complaint
or charge or in furtherance of an investigation, proceeding, hearing,
or action under section 6(d), including an investigation conducted by
the employer. Nothing in this subsection shall be construed to limit
the rights of an employee provided under any other provision of law.''.
(d) Enhanced Penalties.--Section 16(b) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(b)) is amended--
(1) by inserting after the first sentence the following:
``Any employer who violates section 6(d), or who violates the
provisions of section 15(a)(3) in relation to section 6(d),
shall additionally be liable for such compensatory damages, or,
if the employee demonstrates that the employer acted with
malice or reckless indifference, punitive damages as may be
appropriate, except that the United States shall not be liable
for punitive damages.'';
(2) in the sentence beginning ``An action to'', by striking
``the preceding sentences'' and inserting ``any of the
preceding sentences of this subsection'';
(3) in the sentence beginning ``No employees shall'', by
striking ``No employees'' and inserting ``Except with respect
to class actions brought to enforce section 6(d), no
employee'';
(4) by inserting after the sentence referred to in
paragraph (3), the following: ``Notwithstanding any other
provision of Federal law, any action brought to enforce section
6(d) may be maintained as a class action as provided by the
Federal Rules of Civil Procedure.''; and
(5) in the sentence beginning ``The court in''--
(A) by striking ``in such action'' and inserting
``in any action brought to recover the liability
prescribed in any of the preceding sentences of this
subsection''; and
(B) by inserting ``, including expert fees'' before
the period.
(e) Action by the Secretary.--Section 16(c) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 216(c)) is amended--
(1) in the first sentence--
(A) by inserting ``or, in the case of a violation
of section 6(d), additional compensatory or punitive
damages, as described in subsection (b),'' before ``and
the agreement''; and
(B) by inserting before the period the following:
``, or such compensatory or punitive damages, as
appropriate'';
(2) in the second sentence, by inserting before the period
the following: ``and, in the case of a violation of section
6(d), additional compensatory or punitive damages, as described
in subsection (b)''; and
(3) in the third sentence, by striking ``the first
sentence'' and inserting ``the first or second sentence''.
(f) Enforcement Authority.--
(1) In general.--The Equal Opportunity Employment
Commission shall carry out the functions and authorities
described in section 1 of Reorganization Plan No. 1 of 1978 (92
Stat. 3781; 5 U.S.C. App.) to enforce and administer the
provisions of section 6(d) of the Fair Labor Standards Act of
1938 (29 U.S.C. 206(d)), except that the Secretary of Labor,
through the Office of Federal Contract Compliance Programs, may
also enforce this provision with respect to Federal
contractors, Federal subcontractors, and federally assisted
construction contractors, within the jurisdiction of the Office
of Federal Contract Compliance Programs under Executive Order
No. 11246 (42 U.S.C. 2000e note; relating to equal employment
opportunity) or a successor Executive order.
(2) Coordination.--The Equal Opportunity Employment
Commission shall issue such regulations as may be necessary to
explain and implement the standards of such section 6(d). The
Secretary of Labor may issue regulations to govern procedures
for enforcement of section 6(d) by the Office of Federal
Contract Compliance Programs. The Secretary of Labor and the
Equal Employment Opportunity Commission shall establish other
coordinating mechanisms as may be necessary.
SEC. 3. TRAINING.
The Equal Employment Opportunity Commission and the Secretary of
Labor, acting through the Office of Federal Contract Compliance
Programs, subject to the availability of funds appropriated under
section 11, shall provide training to employees of the Commission and
the Office of Federal Contract Compliance Programs and to affected
individuals and entities on matters involving discrimination in the
payment of wages.
SEC. 4. NEGOTIATION SKILLS TRAINING.
(a) Negotiation Bias Training.--
(1) In general.--The Secretary of Labor shall establish a
program to award contracts and grants for the purpose of
training employers about the role that salary negotiation and
other inconsistent wage setting practices can have on allowing
bias to enter compensation.
(2) Training topics.--Each training program established
using funds under section (a) shall include an overview of how
structural issues may cause inequitable earning and advancement
opportunities for women and people of color and assist
employers in examining the impact of a range of practices on
such opportunities, including--
(A) self-auditing to identify structural issues
that allow bias and inequity to enter compensation;
(B) recruitment of candidates to ensure diverse
pools of applicants;
(C) salary negotiations that result in similarly
qualified workers entering at different rates of pay;
(D) internal equity among workers with similar
skills, effort, responsibility and working conditions;
(E) consistent use of market rates and incentives
driven by industry competitiveness;
(F) evaluation of the rate of employee progress and
advancement to higher paid positions;
(G) work assignments that result in greater
opportunity for advancement;
(H) training, development and promotion
opportunities;
(I) impact of mid-level or senior level hiring in
comparison to wage rates of incumbent workers;
(J) opportunities to win commissions and bonuses;
(K) performance reviews and raises;
(L) processes for adjusting pay to address
inconsistency and inequity in compensation; and
(M) other topics that research identifies as a
common area for assumptions, bias and inequity to
impact compensation.
(b) Program Authorized.--
(1) In general.--The Secretary of Labor, after consultation
with the Secretary of Education, is authorized to establish and
carry out a grant program.
(2) Grants.--In carrying out the program, the Secretary of
Labor may make grants on a competitive basis to eligible
entities to carry out negotiation skills training programs for
the purposes of addressing pay disparities, including through
outreach to women and girls.
(3) Eligible entities.--To be eligible to receive a grant
under this subsection, an entity shall be a public agency, such
as a State, a local government in a metropolitan statistical
area (as defined by the Office of Management and Budget), a
State educational agency, or a local educational agency, a
private nonprofit organization, or a community-based
organization.
(4) Application.--To be eligible to receive a grant under
this subsection, an entity shall submit an application to the
Secretary of Labor at such time, in such manner, and containing
such information as the Secretary of Labor may require.
(5) Use of funds.--An entity that receives a grant under
this subsection shall use the funds made available through the
grant to carry out an effective negotiation skills training
program for the purposes described in paragraph (2).
(c) Incorporating Training Into Existing Programs.--The Secretary
of Labor and the Secretary of Education shall issue regulations or
policy guidance that provides for integrating the negotiation skills
training, to the extent practicable, into programs authorized under--
(1) in the case of the Secretary of Education, the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.), the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2301 et seq.), the Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.), and other programs carried
out by the Department of Education that the Secretary of
Education determines to be appropriate; and
(2) in the case of the Secretary of Labor, the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and
other programs carried out by the Department of Labor that the
Secretary of Labor determines to be appropriate.
(d) Report.--Not later than 18 months after the date of enactment
of this Act, and annually thereafter, the Secretary of Labor, in
consultation with the Secretary of Education, shall prepare and submit
to Congress a report describing the activities conducted under this
section and evaluating the effectiveness of such activities in
achieving the purposes of this section.
SEC. 5. RESEARCH, EDUCATION, AND OUTREACH.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, and periodically thereafter, the Secretary of
Labor shall conduct studies and provide information to employers, labor
organizations, and the general public concerning the means available to